Any person who sells any goods to which a trade description has been applied shall
be deemed to warrant that the trade description is not a false trade description unless
the contrary is expressed in writing signed by the seller or on his behalf and delivered
at the time of the sale to, and accepted by, the purchaser.
17
Sale of goods in bottles marked with owner’s name
No person shall sell, in any bottle to which or to the stopper of which has been
indelibly applied words indicating that the bottle is the property of a named person,
goods resembling or so nearly resembling goods manufactured or produced for sale in
any such bottle by such named person as to be likely to deceive.
18
Appointment of inspectors
(1) The Minister may appoint any person to be an inspector for the purposes of this
Act.
(2) An inspector shall be furnished with a certificate signed by or on behalf of the
Minister stating that he has been appointed as an inspector in terms of subsection (1).
19
Powers of police officers and inspectors
(1) A police officer or inspector may, at any time during the hours when the premises
are open for business—
(a)
enter any premises on which he has reason to believe there are kept for
sale any goods, whether imported into or manufactured or produced in Zimbabwe;
and
(b)
on giving a receipt therefor, without payment, take and remove
samples of any such goods for examination or inspection or for any other purpose
relating to this Act.
(2) A police officer or inspector taking a sample in terms of subsection (1) shall—
(a)
forthwith notify the person on whose premises the sample is taken or
his agent that the sample is taken in pursuance of this Act; and
(b)
if required so to do at the time of giving such notification, select a
second like sample or, if practicable, divide the sample into two parts and mark and
seal and leave with that person or agent either the second sample or one part of the
divided sample.
(3) Any sample taken by a police officer or inspector under the powers conferred
upon him by this section shall, whenever possible, be returned by him to the person
from whose premises it was removed or to his agent.
(4) Any person who hinders or obstructs a police officer or inspector in the exercise
of the functions conferred on the police officer or inspector by this section shall be
guilty of an offence and liable to a fine not exceeding level five or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002.]
(5) An inspector shall, on demand by any person affected by the exercise or the
performance by him of any power or function under this Act, exhibit the certificate
issued to him in terms of subsection (2) of section eighteen.
20
Aiding and abetting offence under this Act
No person shall within Zimbabwe procure, counsel, aid, abet or be accessory to the
commission outside Zimbabwe of any act which, if committed within Zimbabwe,
would be an offence under this Act.
21
Limitation of period of prosecution
No prosecution for an offence under this Act shall be commenced after the expiration
of a period of—
(a)
three years from the date on which the offence is alleged to have been
committed; or
(b)
one year after the first discovery thereof by a police officer or customs